Valid court orders.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0064

ENROLLED ACT NO. 9, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to juveniles; clarifying that a child may be subject to return to court for violation of the terms of a court order issued by a juvenile court; requiring a timely interview of a child before an informal hearing to determine if the child should be held in detention as specified; requiring a juvenile court judge to explain the terms of an order to the child and other specified persons; clarifying the prohibition against placing a child in need of supervision in a jail; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 14
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6
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201(a)(xix), 14
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6
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205(a)(ii), 14
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6
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206(b), 14
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6
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209(a) and (d)(intro), 14
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6
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301(a)(v), 14
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6
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402(a)(xvi), 14
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6
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405(a)(ii), 14
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6
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406(b), 14
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6
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407(b)(ii) and 14-6-409(a) and (d)(intro) are amended to read:

14
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6
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201.

Definitions; short title; statement of purpose and interpretation.

(a)

As used in this act:

(xix)

"Probation" means a legal status created by court order following an adjudication of delinquency
or of a status offense
where a child is permitted to remain in his home subject to supervision by a city or county probation officer, the department or other qualified private organization the court may designate. A child is subject to return to the court for violation of the terms or conditions of probation
provided for in the court order
;

14
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6
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205.

Taking of child into custody; when permitted.

(a)

A child may be taken into custody by a law enforcement officer without a warrant or court order when:

(ii)

There are reasonable grounds to believe the child has violated the terms of an order of the juvenile court
issued pursuant to this act
; or

14
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6
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206.

Child in custody; no detention without court order; exceptions; notice to parent or guardian; release.

(b)

Any person taking a child into custody shall as soon as possible notify the child's parent, guardian or custodian. Unless the child's detention or shelter care is authorized by
a
court order
issued pursuant to this act
or required for one (1) of the reasons in subsection (a) of this section, the child shall be released to the care of his parent, guardian, custodian or other responsible adult upon that person's written promise to present the child before the court upon request.

14
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6
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209.

Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

(a)

When a child is placed in detention or shelter care without a court order, a petition as provided in W.S. 14
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6
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212 shall be promptly filed and presented to the court. An informal detention or shelter care hearing shall be held as soon as reasonably possible not later than forty-eight (48) hours, excluding weekends and legal holidays, after the child is taken into custody to determine if further detention or shelter care is required pending further court action.
The child shall be interviewed by the department or its designee prior to the detention or shelter care hearing, but in no event later than twenty-four (24) hours, excluding weekends and legal holidays, after the child is taken into custody. The department or its designee shall submit a written report of the interview to the court, including an assessment of the immediate needs of the child and a recommendation for the most appropriate placement for the child pending disposition of the violation.
Written notice stating the time, place and purpose of the hearing shall be given to the child and to his parents, guardian or custodian.

(d)

Regardless of whether the allegations in the petition are admitted or denied, the court shall determine whether or not the child's full
‑
time detention or shelter care is required pending further proceedings. If the court finds that returning the child to the home is contrary to the welfare of the child, the court shall enter the finding on the record and order the child placed in the legal custody of the department.
The court shall explain the terms of the court order to the child, his parents or legal guardian and any other person the court deems necessary.
If the court finds that full
‑
time detention or shelter care is not required, the court shall order the child released and may impose one (1) or more of the following conditions:

14
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6
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301.

Definitions.

(a)

As used in W.S. 14
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6
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301 through 14
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6
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314:

(v)

"Probation" means a legal status created by court order following an adjudication of delinquency
, a status offense
or in need of supervision, where a child is permitted to remain in the child's home subject to supervision by a city, county or state probation officer, the department of family services or other qualified private organization the court may designate. A child is subject to return to the court for violation of the terms or conditions of probation
provided for in the court order
;

14
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6
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402.

Definitions.

(a)

As used in this act:

(xvi)

"Probation" means a legal status created by court order following an adjudication of in need of supervision, where a child is permitted to remain in his home subject to supervision by a city, county or state probation officer, the department of family services or other qualified private organization the court may designate. A child is subject to return to the court for violation of the terms or conditions of probation
provided for in the court order
;

14
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6
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405.

Taking of child into custody; when permitted.

(a)

A child may be taken into custody by a law enforcement officer without a warrant or court order when:

(ii)

There are reasonable grounds to believe the child has violated the terms of an order of the juvenile court
issued pursuant to this act
;

14
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6
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406.

Child in custody; no detention or shelter care placement without court order; exceptions; notice to parent or guardian; release.

(b)

Any person taking a child into custody shall as soon as possible notify the child's parent, guardian or custodian. Unless the child's detention or shelter care is authorized by
a
court order
issued pursuant to this act
or required for one (1) of the reasons in subsection (a) of this section, the child shall be released to the care of his parent, guardian, custodian or other responsible adult upon that person's written promise to present the child before the court upon request.

14
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6
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407.

Detention or s
helter care; delivery of child pending hearing; placing children; notice if no court order.

(b)

In providing detention or shelter care placement:

(ii)

If facilities or services are not immediately available to house and protect the child, the judge may order the child held
in a temporary holding area
at the local law enforcement complex. No child in need of supervision shall be placed in a jail
,

other than for
but may be placed in a juvenile detention facility if the child has been adjudicated under article 2 of this chapter for having committed
a delinquent act;

14
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6
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409.

Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

(a)

When a child is placed in detention or shelter care without a court order, a petition as provided in W.S. 14
‑
6
‑
412 shall be promptly filed and presented to the court. An informal detention or shelter care hearing shall be held as soon as reasonably possible not later than forty-eight (48) hours, excluding weekends and legal holidays, after the child is taken into custody to determine if further detention or shelter care is required pending further court action.
The child shall be interviewed by the department or its designee prior to the detention or shelter care hearing, but in no event later than twenty-four (24) hours, excluding weekends and legal holidays, after the child is taken into custody. The department or its designee shall submit a written report of the interview to the court, including an assessment of the immediate needs of the child and a recommendation for the most appropriate placement for the child pending court disposition or execution of a court order for placement or commitment.
Written notice stating the time, place and purpose of the hearing shall be given to the child and to his parents, guardian or custodian.

(d)

Regardless of whether the allegations in the petition are admitted or denied, the court shall determine whether or not the child's full-time detention or shelter care is required pending further proceedings. If the court finds that returning the child to the home is contrary to the welfare of the child, the court shall enter the finding on the record and order the child placed in the legal custody of the department of family services.
The court shall explain the terms of the court order to the child, his parents or legal guardian and any other person the court deems necessary.
If the court finds that full-time detention or shelter care is not required, the court shall order the child released and may impose one (1) or more of the following conditions:

Section 2.

This act is effective July 1, 2008.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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